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FERGUSON v. KNIGHT

No. 85-5726.

797 F.2d 289 (1986)

Algar FERGUSON, Petitioner-Appellant, v. Judge James A. KNIGHT, and David L. Armstrong, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 29, 1986.

Attorney(s) appearing for the Case

Eldred E. Adams, Jr. (argued), Louise, Ky., for petitioner-appellant.

Joseph R. Johnson (argued), Office of the Atty. Gen., Frankfort, Ky., for respondents-appellees.

Before MERRITT, JONES and NELSON, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM.

Petitioner Ferguson has sought rehearing on grounds that a majority of the panel do not find persuasive. The petition for rehearing will be granted, however, on the strength of Dawson v. Cowan, 531 F.2d 1374 (6th Cir.1976), a decision that was not called to our attention and that we did not have in mind when we affirmed the district court's denial of the petition for habeas corpus...

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